The legal system of Brazil
A civil-law federation with an extraordinarily detailed constitution, a Supreme Federal Tribunal that acts as both constitutional court and final appellate court, and separate federal branches for labour and electoral matters.
Legal tradition
Brazil belongs to the civil law tradition. A civil-law federation with an extraordinarily detailed constitution, a Supreme Federal Tribunal that acts as both constitutional court and final appellate court, and separate federal branches for labour and electoral matters.
How power is divided
Presidentialism with a bicameral Congress and an assertive judiciary; the STF hears direct actions of unconstitutionality brought by defined institutional applicants.
Where law comes from
- Federal Constitution
- Supreme; state constitutions must conform.
- Complementary and ordinary laws
- Complementary laws need an absolute majority.
- Codes
- Civil Code 2002, Penal Code, CLT labour code, CPC 2015.
- Provisional measures
- Presidential medidas provisórias needing congressional confirmation.
- Binding precedent
- Súmulas vinculantes of the STF bind all courts and administration.
The legal profession
Law graduates must pass the OAB examination; membership of the Ordem dos Advogados do Brasil is mandatory to practise.
Law by topic in Brazil
- Constitutional LawThe 1988 Citizen Constitution with direct constitutional actionsBrazil's constitution is long, detailed and rights-rich. The Supreme Federal Court hears abstract review actions brought by designated bodies as well as individual appeals.
- Business & CorporateCódigo Civil company forms plus the 2019 Economic Freedom LawBrazilian company law sits in the 2002 Código Civil for limited liability companies (sociedade limitada) and in Lei 6.404/1976 for corporations (sociedade anônima). The sociedade limitada is the default vehicle for closely held business and, since Lei 13.874/2019, may be formed and run by a single quotaholder, which removed the need for a nominal second partner. Registration is at the state Junta Comercial, and the CNPJ tax number is issued by the Receita Federal.
- Family LawStable unions and same-sex marriage recognised by the courtsThe Código Civil regulates marriage, and the Constitution recognises the união estável, a stable non-marital union with substantially similar effects that arises from the facts of cohabitation rather than a ceremony. The Supremo Tribunal Federal recognised same-sex unions in 2011 and the Conselho Nacional de Justiça required registries to celebrate same-sex marriages from 2013. Consensual divorce may be done by notarial deed.
- Tax LawReceita Federal, Simples Nacional and the 2023 consumption-tax reformThe Receita Federal administers federal taxes including corporate income tax (IRPJ) at 15 percent plus a 10 percent surcharge and the CSLL social contribution. Indirect taxation has historically been split between federal IPI, state ICMS and municipal ISS. Constitutional Amendment 132/2023 began replacing these with a dual value-added system (CBS and IBS) phased in across a transition period.
- Data Protection & PrivacyLGPD, closely modelled on the GDPRThe Lei Geral de Proteção de Dados applies to processing connected to Brazil regardless of where the controller sits. The ANPD supervises and has been issuing sanctions since 2023.
- Employment & LabourCLT with the 2017 reform and the FGTS severance fundThe Consolidação das Leis do Trabalho (CLT) governs employment. Lei 13.467/2017 substantially reformed it, expanding the scope for individual and collective agreements to depart from statutory terms and altering litigation cost rules. Employers deposit 8 percent of monthly pay into the worker's FGTS account; dismissal without cause triggers a 40 percent penalty on the accumulated balance.
- Immigration & NationalityLei de Migração 13.445/2017 replaced the old Foreigner StatuteLei 13.445/2017 replaced the 1980 Estrangeiro statute and reframed migration around rights and non-criminalisation rather than national security. The Polícia Federal registers migrants and issues the CRNM residence card, while visas are issued by consulates. Mercosur nationals have a dedicated residence route, and humanitarian reception has been used at scale for Venezuelan arrivals.
- Criminal Law1940 Código Penal with the 2019 Pacote Anticrime reformsThe Código Penal of 1940 and the Código de Processo Penal of 1941 remain the core statutes, heavily amended since. Lei 13.964/2019, the Pacote Anticrime, introduced the juiz das garantias to separate the judge who supervises the investigation from the judge who tries the case, and put the plea-style acordo de não persecução penal on a statutory footing. Custody hearings within 24 hours of arrest are mandatory.
- Property & LandTitle passes only on registration at the Registro de ImóveisIn Brazil ownership of real property transfers only on registration of the deed at the competent Registro de Imóveis; the contract alone creates personal obligations, not title. Transfers require a public deed before a notary above a statutory value threshold, and the municipal ITBI transfer tax must be paid before registration. Rural land purchases by foreigners are restricted.
- Civil Procedure2015 Code of Civil Procedure with binding precedent mechanismsLei 13.105/2015 enacted a new Código de Processo Civil emphasising conciliation, cooperation between the parties and procedural efficiency. It strengthened binding precedent through súmulas and the repetitive-appeals system, allowing the higher courts to decide a representative case and apply the holding to all suspended parallel cases. A conciliation or mediation hearing is normally the first step after filing.
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